The right to protest is a fundamental pillar of democracy, protected by the First Amendment of the U.S. Constitution. It grants individuals the freedom of speech, peaceful assembly, and the right to petition the government. However, law enforcement agencies often place restrictions on protests, and knowing your rights is crucial to ensuring your safety while exercising them.
Your Right to Assemble and Protest: Under the First Amendment, individuals have the right to peacefully protest in public spaces, including sidewalks, parks, and plazas. This right extends to streets and other public thoroughfares, though permits may be required for large gatherings or marches that block traffic
The Supreme Court has repeatedly upheld the right to protest:
- Hague v. CIO (1939) – The Court ruled that streets and parks are “public forums” where free speech must be allowed.
- Edwards v. South Carolina (1963) – The Court protected demonstrators who were arrested for protesting peacefully, ruling that their convictions violated the First Amendment.
Restrictions and Permits. While you have the right to protest, the government can impose time, place, and manner restrictions as long as they are content-neutral. This means that officials cannot ban a protest based on its message, but they can regulate where and when it occurs.
- Permits may be required for large events, sound amplification, or marches that obstruct traffic.
- You do not need a permit to protest in public spaces, on sidewalks, or in response to breaking news.
- Counter-protests are also protected, but law enforcement must treat both sides equally.
Interacting with Law Enforcement. During a protest, you have specific legal rights when dealing with police:
- You have the right to remain silent – You are not obligated to answer questions beyond providing identification if required by state law.
- You have the right to record police officers in public. Courts have ruled that filming public officials, including police, is a protected First Amendment activity (Glik v. Cunniffe, 2011).
- You do not have to consent to a search – Police cannot search you or your belongings without a warrant or probable cause.
If stopped or detained:
- Ask if you are free to leave. If the answer is yes, walk away calmly.
- If arrested, assert your right to remain silent and request a lawyer. Do not sign anything without legal counsel.
Limits to Free Speech. Not all protest activities are protected under the First Amendment:
- Violence and incitement – Speech that incites violence or poses an immediate threat is not protected (Brandenburg v. Ohio, 1969).
- Trespassing – Private property owners can restrict protests on their land.
- Disrupting government functions – You cannot block access to buildings or interfere with official proceedings.
What to Do if Your Rights Are Violated. If you believe your rights have been violated during a protest:
- Document the incident – Record names, badge numbers, and witness accounts.
- Seek legal assistance – Contact civil rights groups like the ACLU or the National Lawyers Guild.
- File a complaint – You can report police misconduct to oversight agencies.
If ICE comes to your workplace, they generally need either a search warrant or your employer’s consent1 to enter non-public areas. If approached by ICE, you can ask whether you are free to leave. If they say yes, leave calmly and quietly. If they say no, do not run or resist, but instead, exercise your right to remain silent.
Protesting is a powerful tool for change. By knowing your rights, you can stay safe while making your voice heard. More information is on our KNOW YOUR RIGHTS webpage.
This post was co-published by Ellensburg Daily Record Newspaper on April 5, 2025. Charli Sorenson is the past President of the Kittitas County League of Women Voters. She has served on the LWVKC Board in various capacities since 2017. She has also served on the Ellensburg Affordable Housing Commission, Kittitas County Developmental Disabilities Advisory Committee, and Kittitas County Elections Disability Advisory Committee. She lives in Kittitas County with her long-suffering husband of 47 years